Strathclyde Business Park (Management) Ltd v. BAE Systems Pension Funds Trustees Ltd [2010] ScotSC 7 (14 September 2010)

Strathclyde Business Park (Management) Ltd v. BAE Systems Pension Funds Trustees Ltd [2010] ScotSC 7 (14 September 2010)

Respondents lacked title to sue under sections 8 and 28 as they were not owners and no manager was appointed; Clause 11's waiver provision must be disregarded under section 73(2A) of the 2000 Act; no prima facie case established; balance of convenience favoured appellants due to weakness of respondents' case.

Citation
[2010] ScotSC 7
Parties
Pursuer/respondent: Strathclyde Business Park (Management) Ltd; Defender/appellant: BAE Systems Pension Funds Trustees Ltd
Jurisdiction
Scotland
Judgment Date
14 September 2010
Procedural Posture
Appeal Against Interim Interdict / Appeal Decision
Outcome
appeal allowed
Legal Topics
Title to Sue, Waiver of Real Burdens, Management Powers Under Title Conditions (scotland) Act 2003, Balance of Convenience in Interim Interdict
Property Law Real Burdens Community Burdens Title to Sue Waiver of Real Burdens Management Powers Under Title Conditions (scotland) Act 2003 Balance of Convenience in Interim Interdict

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Parties

Strathclyde Business Park (Management) Ltd

Pursuer/respondent

BAE Systems Pension Funds Trustees Ltd

Defender/appellant

Procedural Posture

Appeal Against Interim Interdict / Appeal Decision

Legal Issues

  1. 1 Whether the respondents have title to sue under sections 8 and 28 of the Title Conditions (Scotland) Act 2003
  2. 2 Whether Clause 11 of the Deed of Conditions can be invoked by the respondents
  3. 3 Whether the respondents have interest to sue

Ratio Decidendi

Respondents lacked title to sue under sections 8 and 28 as they were not owners and no manager was appointed; Clause 11's waiver provision must be disregarded under section 73(2A) of the 2000 Act; no prima facie case established; balance of convenience favoured appellants due to weakness of respondents' case.

Court Disposition

appeal allowed

Orders

  • interlocutor of Sheriff dated 21 June 2010 recalled
  • cause remitted to Sheriff for further procedure